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Author Archives: Virginia Lawyers Weekly

Labor & Employment – Federal Employee – MSPB (access required)

Where plaintiff was removed from her civilian position as a contract specialist for the U.S. Army Contracting Command, and the Merit Systems Protection Board approved this Army action and found that her removal was not in reprisal for protected activity, ...

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Labor & Employment – Title VII – Sex Discrimination – Job Application – After-Acquired Evidence (access required)

Where plaintiff’s job application with defendant, which she asserted was correct to the best of her knowledge, misrepresented her current employment status, her reason for leaving her former employer and her salary, this “after-acquired evidence” of her material misrepresentations bars ...

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Labor & Employment – Age Discrimination – Rehabilitation Act – ERISA (access required)

Although plaintiff, a 62-year-old medical technologist, claims she was terminated because of her age and her medical condition of arthritis in her hand, she has failed to rebut the employer’s evidence that she in fact was terminated for falsifying a ...

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Intellectual Property – Commercial – Patent Infringement – Detergent Dispenser – UCC – Infringement Warranty (access required)

Where the defendant/third party plaintiff in this patent infringement action, who installs detergent dispensers, filed a third party complaint against another detergent dispenser manufacturer based upon the Uniform Commercial Code’s warranty against infringement, § 2-312, the third party complaint is ...

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Banks & Banking – FIRREA – Receiver (access required)

Although plaintiff claimed he relied on the bank’s loan commitment to provide permanent financing on an office complex and parking deck he had purchased, but plaintiff did not take the necessary steps as specified in the loan commitment to accept ...

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Tort/Negligence – Medical Malpractice – Patient Dumping Statute (access required)

Where plaintiff hospital seeks a declaratory judgment that its refusal to provide life support to an anencephalic infant (who was born at the hospital and who is transferred from a nursing home when she experiences respiratory distress) would not violate ...

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Criminal – Mine Safety Violations – Sentencing – Grouping Of Counts (access required)

Where defendant coal company’s misdemeanor mining violations resulted in the death of four miners, the court will apply the sentencing guidelines applicable to involuntary manslaughter, and will not group the offenses for the purpose of sentencing. Defendant coal company was ...

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Bankruptcy – Wrongful Death Proceeds – Exemption (access required)

The proceeds of a wrongful death action are not exempt from debtor’s bankruptcy estate; Va. Code § 34-28.1, which exempts from creditor process all causes of action for personal injury and the proceeds derived from court award or settlement, does ...

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Labor & Employment – ADA – Smoking In Workplace (access required)

Although plaintiff, a purchasing agent who suffers from asthma, contends that the employer failed to accommodate his condition, as required by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., by banning smoking from its entire facility, the ...

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